Consumer laws in India

Consumer rights are the rights given to a
"consumer" to protect him/her from being cheated by salesman /
manufacturer. Consumer protection laws are designed to ensure fair trade
competition and the free flow of truthful information in the marketplace

Consumer rights are the rights
given to a "consumer" to protect him/her from being cheated by
salesman/manufacturer. Consumer protection laws are designed to ensure
fair trade competition and the free flow of truthful information in the
marketplace.

The laws are designed to prevent businesses that engage in fraud or
specified unfair practices from gaining an advantage over competitors
and may provide additional protection for the weak and those unable to
take care of themselves. Consumer Protection laws are a form of
government regulation which aim to protect the rights of consumers.

For example, a government may require businesses to disclose detailed
information about products particularly in areas where safety or public
health is an issue, such as food. Consumer protection is linked to the
idea of "consumer rights" (that consumers have various rights as
consumers), and to the formation of consumer organizations which help
consumers make better choices in the marketplace.

Consumer is defined as someone who acquires goods or services for direct
use or ownership rather than for resale or use in production and
manufacturing. Consumer interests can also be protected by promoting
competition in the markets which directly and indirectly serve
consumers, consistent with economic efficiency, but this topic is
treated in Competition law.

How to Lodge a Consumer Complaint
To provide simple, speedy and inexpensive redressal of consumer
disputes, the CPA envisages a 3-tier quasi-judicial machinery at the
National, State and District levels.

National Consumer Dispute Redressal Commission, known as National
Commission, deals with complaints involving costs and compensation
higher than Rs. One Crore.

State Consumer Dispute Redressal Commission, known as State Commission,
deals with complaints involving costs and compensation higher than Rs.
Twenty Lakh and less than Rs. One Crore.

District Consumer Dispute Redressal Forum

known as District Forum,
deals with complaints involving costs and compensation less than Rs.
Twenty Lakh. Consumers can file different types of complaints depending
on their specific grievance by visiting the Consumer Court at the
district, state or national level along with the documents required for
filing the complaint. Following is a list of documents that the
prospective complainants need to carry with them to the Consumer Court
at the time of filing the complaint

Consumer Protection Law In India:
The growing interdependence of the world economy and international character of
many business practices have contributed to the development of universal
emphasis on consumer rights protection and promotion

National Consumer Disputes Redressal Commission (NCDRC)
Is the Highest court of appeal in matters related to Consumer Disputes
in India, the presiding Judges in NCDRC are Retired Judges of The
Supreme Court.

* For more info on National Commission Contact me at Ph no:
09650499965

Competition law and Consumerism
In the pursuit of globalization, India has responded to opening up its
economy, removing controls and resorting to liberalisation. The natural
corollary of this is that the Indian market should be geared to face
competition from within the country and outside. The Monopolies and
Restrictive Trade Practices Act, 1969 has become obsolete in certain
respects in the light of international economic developments relating
more particularly to competition laws and there is a need to shift our
focus from curbing monopolies to promoting fair competition. A broad
definition of competition is a situation in the market in which firms or
sellers independently strive for the buyers’ patronage in order to
achieve a particular business objective. The law aims to promote healthy
competition. It bans anti-competitive agreements between firms such as
agreements to fix prices or to carve up markets, and it makes it illegal
for businesses to abuse a dominant market position.

Judicial Interpretation of Medical Negligence under Consumer Protection:
Medical profession is one of the most oldest professions of the world
and is the most humanitarian one. There is no better service than to
serve the suffering, wounded and the sick. Aryans embodied the rule
that, Vidyo narayano harihi (which means doctors are equivalent to Lord
Vishnu). Since long the medical profession is highly respected, but
today a decline in the standard of the medical profession can be
attributed to increasing number of litigations against doctors for being
negligent narrowing down to medical negligence. Hospital managements are
increasingly facing complaints regarding the facilities, standards of
professional competence, and the appropriateness of their therapeutic
and diagnostic methods. When incidents like these began to rise,

Consumer the King:
The consumer protection in India is not a post modern thought, it has
evolved through centuries. Its roots can be found in Manu Smiriti.
Consumer Protection has had relevance since the existence of consumers
in India. Manu smriti lays out a charter of ethics for sellers on how to
sell consumer products to consumers. It also specifies the penalties
that must be handed out to sellers who are unethical in their actions.
Manu Smriti prohibits the mixing of one commodity with other. It also
mandates proper disclosure of quantity and quality. In itself Manu
Smriti does not focus on consumer protection but does show the concern
of ancient society on consumerism matters.

Consumer Protection Act, An analysis of Branch Office:
Section 11 of the Consumer Protection Act states: "(2) A complaint shall
be instituted in a District Forum within the local limits of whose
jurisdiction," (a) the opposite party or each of the opposite parties,
where there are more than one, at the time of the institution of the
complaint, actually and voluntarily resides or 2 [carries on business or
has a branch office or] personally works for gain, or (b) any of the
opposite parties, where there are more than one, at the time of the
institution of the complaint, actually and voluntarily resides, or 3
[carries on business or has a branch office], or personally works for
gain, provided that in such case either the permission of the District
Forum is given, or the opposite parties who do not reside, or 4 [carry
on business or have a branch office], or personally work for gain, as
the case may be, acquiesce in such institution; or (c) the cause of
action, wholly or in part, arises.

Product Liability: Who is liable?
Product liability and consumer protection laws both differ from country
to country. But the basic reasoning behind this is to deal with the
protection and safety of consumer, even if the damage is caused by
consumer’s own negligence. The first general issue that arises from the
product liability is that, what should be the criteria for this and what
should be the limit to decide, that the defect in a product can harm any
consumer

Instances of Disingenuous Advertisements and Consumers:
The sway of advertisements on consumer picking is incontrovertible. And
it’s this information that makes it very important that advertisements
be fair and truthful. Misleading and false advertisements are not just
unscrupulous; they warp competition and of course, consumer choice.
False and misleading advertisements in fact violate several basic rights
of consumers: the right to information, the right to choice, the right
to be protected against unsafe goods and services as well as unfair
trade practices.

A Vision of Food:
Our personal consumer choices have ecological, social, and spiritual
consequences. It is time to re-examine some of our deeply held notions
that underlie our lifestyles-David Suzuki Importance of Food: Food is an
important part of religious observance and spiritual ritual for many
faiths including Christianity, Judaism, Islam, Hinduism and Buddhism.
The role of food in cultural practices and religious beliefs is complex
and varies among individuals and communities

Consumer Justice In India:
In our day to day life we become consumer through buying goods or
services. In the era of science and technology globalization, urbanization
and modernization developed rapidly, which resulted into vast
competition in market. The traditional view of buying goods and
particular services changed and many products, services, and professions
came under widened scope of consumer law. As a consumer we have much
concern about the money, choice, health and safety of the life. Market
is always dominated by the sellers and their attitude towards consumer
as weaker section. In last few years’ market is found to be influenced
by the false, misleading advertisements or representations, bargaining,
offering gifts, prizes, contests and hoardings attracting public for
product or services.

Special and Differential Treatment in WTO:
The WTO Agreements containing special provisions give developing
countries special rights and developed countries the possibility to
treat developing countries in a more favoured way than other WTO
Members. The provisions include, things like, longer time periods for
implementing Agreements, commitments or measures to increase trading
opportunities for developing countries. Such provisions are referred to
as special and differential treatment provisions.

The Consumer Protection (Amendment) Act:
The year 1986 is a ‘Magna Carta’ in the history of Consumerism. It was
this year that witnessed the enactment of the Consumer Protection Act.
The first ever legislation in India of its kind which solely aimed at
the grief staken consumers who the victims of the unfair trade practices
and sub standard services rendered to them. The preamble to this Act
reads as follows: An Act to provide for better protection of the
interests of the consumers and to make provisions for the establishment
of consumer councils and other authorities for the settlement of
consumers’ disputes and fpr matter connected therewith. Thus the
preamble to this Act makes the intention of the framers of this Act
crystal clear.

Maximum Retail Price:
Under the Weights and Measures (Packaged Commodities) Rules, all packed
goods should carry certain essential information on the contents of the
package, such as its weight or volume, the name and address of the
manufacturer, the date of manufacture, and in case of food packages, the
best before date and, of course, the maximum retail price (MRP). Under
the Consumer Goods (Mandatory Printing of Cost of Production and Maximum
Retail Price) Act, 2006, certain guidelines has been provided so that
the consumer can not charged over to the maximum price printed on the
goods by the manufacturer.

Consumerism in the Globalize world:
It would be in fitness of the fact to recall the greatest of Arab
historians, Ibn Khaldun saying: That in civilization there is a limit
that cannot be overstepped. When prosperity and luxury come to a people,
they are followed by excessive consumption and extravagance, with which
the human soul itself is undermined, both in its worldly well-being and
in its spiritual life [1] particularly in context of globalization,
liberalization and consumerism in India. This is what happening in India
under the auspices of MNCs and trade policies of developed countries
which are supposedly formulated to devour the third world consumer
kingdom.

Unethical Drug Promotion - An Emerging Threat for the Indian Society:
What Is Unethical Drug? The main objective of ethical criteria for
medicinal drug promotion is to support and encourage the improvement of
health care through the rational use of medicinal drugs. In this context
the ethical criteria start from the validity of the drug itself: is the
drug or combination of drugs rational. According to a World Health
Organization (WHO) survey, 35% of the world's spurious drugs are
produced in India, which has a Rs. 4,000-crore fake drugs market, the
largest in the world.

Consumer Protection Act, 1986 - 2002 Amendments- Laurels and Loopholes:
It would not be an exaggeration to point out that the Consumer
Protection Act, 1986, is one of the most important legislations that
governs the life of every human being in his transactions with the
society for availing goods and services provided by others. It not only
comes into daily use but prevents the exploitation of common man, the
consumer, at the hands of the affluent and moneyed business man or
service provider. Hence any change or amendment whatsoever, in the Act
directly affects the common people thereby needing a close scrutiny of
the amendments thereto.

Services - Consumer Protection Act:
Consumer is the purpose and most powerful motivating force of
production, yet at the same time consumer is equally vulnerable segment
of the whole marketing system. Attempts have been made to guard the
interest of the consumer. In 1986, Government of India enacted a
comprehensive legislation-Consumer Protection Act, to safe guard the
interest of the consumer. The Consumer Protection Act, 1986, applies to
all goods and services, excluding goods for resale or for commercial
purpose and services rendered free of charge and under a contract for
personal service. The provisions of the Act are compensatory in nature.
It covers public, private, joint and cooperative sectors.

Analyzing The Consumer Protection (Amend) Bill, 2002:
The Consumer Protection (Amendment) Bill, 2001 was introduced in the
Rajya Sabha on 26th April 2001. After certain amendments the Consumer
Protection (Amendment) Bill, 2002 was passed by the Rajya Sabha at its
sitting held on 11th March, 2002 and was referred to the Lok Sabha. At
its sitting held on 30th July 2002, the Lok Sabha passed it with certain
amendments. The Bill so passed was returned to the Rajya Sabha with
those amendments for its consideration of them. The Bill could not be
taken up for consideration on 6th August 2002, as the House stood
adjourned that day without transaction of any business. The Bill may now
be moved before the Rajya Sabha only during its next session.

Phenomenon of Consumerism:
Today, consumer is called the king of the market. He is at the centre
stage of all market activities. It is constant endeavour of producers
that the production of product must conform to the needs of consumer. In
addition to the satisfaction of consumer, it also the endeavour of
producer that their sale should be maximum. They, therefore try to
increase their sales by all possible means. Some of the means adopted to
increase sale are such as to serve both the producers and the consumers.
On the other hand, some of the methods adopted to increase the sale are
such as to sub serve the interest of producers but the same against the
interest of consumer. In other words the consumers are exploited.

Criminalization of Politics:
After 60 years of India’s independence the lives of commoners is far
worse than under Britishers. The benefits of independence have reached
only few, thus creating islands of few ultra rich people surrounded by
vast sea of utterly poor. The rich people in nexus with those in power
are getting favourable laws enacted to suit their ends. Those in power
are shamelessly enjoying 5-star luxuries all at tax payer’s expense,
while more then 50 million are starving to death. The criminalization of
politics, executive and judiciary is almost complete. The corruption has
spread its tentacles far and wide, there is corruption from womb to tomb,
from maternity hospital to grave yard. The injustices mated out, the
atrocities perpetrated by public servants are worse than Britishers. The
biggest confounding factor in the political environment of business is
criminalization of politics: people with criminal backgrounds becoming
politicians and elected representatives. Around 20% of the members of
the current Lok Sabha have criminal cases pending against them. The
charges in several of these cases are of heinous crimes such as murder,
robbery, kidnapping, and not just violation of Section 144, or something
similar.

Indian Domestic Arbitration:
In India, laws/rules that govern the arbitration process are laid down
in Arbitration and Conciliation Act, 1996. But the act itself does not
give any right to any party unless parties have entered into an
arbitration agreement/contract for adjudication of dispute(s)/difference(s)
by way of arbitration. Section 2(1) (b) of the act says that an
arbitration agreement means an agreement referred to in section 7.
Section 7(1) further states that an arbitration agreement means an
agreement by the parties to submit to arbitration all or certain
disputes which have arisen or which may arise between them in respect of
a defined legal relationship, whether contractual or not. The act does
not prescribe any formal form for arbitration agreement. It says that
“an arbitration agreement may be in the form of an arbitration clause in
a contract or in the form of a separate agreement” like any other
agreement- Section 7(2). But an arbitration agreement shall be in
writing - Section 7(3). Here the term “writing” has special meaning that
has been clarified in sub-section 4 of section 7

Fourth Estate:
The stance taken by Delhi High court against the Mid day journalists for
allegations against ex-chief justice Y.K.Sabharwal had taken many by
surprise ruffling the feathers of big brains of the country and small
brained social observers alike. The media played its role well in
accordance with the spirit of giving the right information at the right
time. But coupled with the contempt proceedings initiated by the HC it
has raised many questions in the intellectual circles as to what is of
greater importance - the free judiciary or a free press. Should
judiciary be left alone to freely execute its functions as enjoined by
the Constitution and statutes emanating from it and to deal with
malfunctioning on its own or the press should be given a free rein to
criticize every action of state organs.

Consumer Protection Act:
An Act to provide for better protection of the interests of consumers
and for that purpose to make provision for the establishment of consumer
councils and other authorities for the settlement of consum­ers'
disputes and for matters connected therewith. BE it enacted by
Parliament in the Thirty-seventh Year of the Republic of India as
follows

SC Rules Relevant to Consumer Protection Act
In exercise of the powers conferred by Article 145 of the Constitution
and all other powers enabling it in this behalf, the Supreme Court
hereby makes, with the approval of the President, the following rules
further to amend the Su­preme Court Rules, 1966

Rights of a Consumer:
Means right to be protected against the marketing of goods and services,
which are hazardous to life and property. The purchased goods and
services availed of should not only meet their immediate needs, but also
fulfill long term interests. Before purchasing, consumers should insist
on the quality of the products as well as.

Commentary on Consumer Protection Act:
The moment a person comes into this would, he starts consum­ing. He
needs clothes, milk, oil, soap, water, and many more things and these
needs keep taking one form or the other all along his life. Thus we all
are consumers in the literal sense of the term.

Consumer laws in India -
Consumer lawyers in India

Section 2 (d) of the Consumer Protection Act, 1986, defines ‘consumer’
as any person who-
(i) buys any goods for a consideration which has been paid or promised
or partly paid and partly promised, or under any system of deferred
payment and includes any user of such goods other than the person who
buys such goods for consideration paid or promised or partly paid or
partly promised, or under any system of deferred payment when such use
is made with the approval of such person, but does not include a person
who obtains such goods for resale or for any commercial purpose; or

(ii) hires or avails of any services for a consideration which has been
paid or promised or partly paid and partly promised, or under any system
of deferred payment and includes any beneficiary of such services other
than the person who 1[hires or avails of] the services for consideration
paid or promised, or partly paid and partly promised, or under any
system of deferred payments, when such services are availed of with the
approval of the first-mentioned person.

In our day to day life we become consumer through buying goods or
services. In the era of science and technology globalization, urbanization
and modernization developed rapidly, which resulted into vast
competition in market. The traditional view of buying goods and
particular services changed and many products, services, and professions
came under widened scope of consumer law. As a consumer we have much
concern about the money, choice, health and safety of the life. Market
is always dominated by the sellers and their attitude towards consumer
as weaker section. In last few years’ market is found to be influenced
by the false, misleading advertisements or representations, bargaining,
offering gifts, prizes, contests and hoardings attracting public for
product or services.

Therefore, keeping view of consumer interest legislative and judicial
contributions played a significant role in consumer justice. There is
need to prevent exploitation of consumer from these sales, manufacturing
or unfair trade practices. The scope of the Act extended to public
services and utilities also - - says Nagnath Chandrakant Borphalkar
(Consumer laws in India)

Supreme Court Decisions on Consumer Cases

New India Assurance Company Limited v Abhilash Jewellery
The complainant/respondent, who had taken a jeweller's block policy,
lodged a claim with the opposite party insurer for loss of gold
ornaments. The insurer repudiated the claim on the ground that the loss
occurred when the gold was in the custody of an apprentice, who was not
an employee (because the policy stipulated that for indemnification of
the loss, the property insured had to be "in the custody of the insured,
his partner or his employee"). The National Commission allowed the
complaint holding that an apprentice was an 'employee' since section
2(6) of the Kerala Shops and Commercial Establishments Act (as well as
some other statutes) defined an 'employee' to include an 'apprentice'.
The Supreme Court, however, held that the word 'employee' in the
contract of insurance mentioned had to be given the meaning in common
parlance. The definition in the local Act, including an 'apprentice' in
the category of 'employee', was only a 'legal fiction', which is a
concept in law and could not be applied to an insurance contract. The
Court, therefore, allowed the appeal....Click here for complete judgment

Karnataka Power Transmission Corporation v Ashok Iron Works Private Limited
The appellant corporation contended that the complaint filed by the
respondent was not maintainable as (i) a company is not a 'person' under
section 2(1)(m) of the Consumer Protection Act, 1986 (CPA); (ii) the
complainant is not a 'consumer' within section 2(1)(d) of the said Act
since it purchased electricity for commercial production; and (iii)
disputes relating to sale and supply of electricity were not covered
under 'service' under section 2(1)(o) of the CPA. The Apex Court
rejected the appellant's contention that a company was excluded from the
definition of 'person'. In this, the Court relied upon the English Court
decision in Dilworth v Commissioner of Stamps Click here for complete
judgment

HDFC Bank Limited v Balwinder Singh
The complaint was of the bank, or its loan recovery agent, employing
musclemen to take forcible repossession of the hypothecated vehicle and
thus causing physical harassment and mental trauma to the complainant.
The District Forum allowed the complaint and directed the bank to pay
compensation of Rs. 4 lakh for repossessing the vehicle in this manner
and reselling it to a third party. The State Commission confirmed the
order in appeal. Dealing with the bank's revision petition, the National
Commission expressed shock that the bank had hired musclemen directly or
through its recovery agents. Click here for complete judgment

Malka Tarannum v Dr. C. P. Gupta
The District Forum allowed the complaint of the complainant that there
was negligence in applying (the first) plaster cast on the complainant's
daughter's fractured hand, which led to the need to apply the plaster
for the second time. In appeal, the State Commission dismissed the
complaint and also held that the complainant was not a consumer since he
was not charged any fee for the treatment. In revision, the National
Commission held that application of the plaster for the second time did
not imply medical negligence on the first occassion since application of
POP slab (also known as temporary cast) was a normal procedure adopted
in the first instance whenever there was swelling at the site of the
injury. Relying on the Supreme Court decision in Jacob Mathew v State of
Punjab and Another [(2005) 6 SCC 1], the Commission observed that the
doctor who had applied the plaster in the first instance was a senior
orthopaedic specialist with considerable experience and the complainant
could not dispute his professional decision on the basis of mere
allegations, without any expert evidence. Click here for complete
judgment

Arvind Shah (Dr.) v Kamlaben Kushwaha
The complainant alleged that her deceased son, aged 20 years and
otherwise healthy, died as a result of medical negligence on the part of
the appellant doctor (original opposite party) who administered wrong
treatment. The State Commission awarded to the complainant a
compensation of Rs. 5 lakh with interest and costs. In appeal, the
National Commission, on consideration of the material on record, came to
the conclusion that the two medical prescriptions, which the doctor
sought to deny, could have been written only by him. It also observed
that though, in the appeal, the doctor admitted for the first time to
having treated the patient; he did not produce any prescription on
record. More important, the two prescriptions available on record did
not mention any of the patient's complaints/symptoms, the doctor's
clinical observations on examining the patient. Click here for complete
judgment

Sehgal School of Competition v Dalbir Singh
The complainant sought refund from the opposite party's coaching school
after only one year of the two-year course on the ground that the
coaching was not up to the mark. The District Forum directed refund of
the fees and the opposite party's appeal was dismissed. In revision, the
petitioner contended that payment of lump sum fees for two years was a
condition (of the contract) that and no part of the fees could either be
refunded or transferred under any circumstances. The Commission held
that this condition was one sided and biased in favour of the opposite
party, against natural justice. Click here for complete judgment

Medical Superintendent, St. Gregorious Mission Hospital v Jessy and Another
The District Forum awarded Rs. 2.75 lakh along with interest to the
complainants, viz., the wife and daughter of the deceased since the
opposite party hospital had been negligent in not providing due care on
account whereof the deceased who was undergoing alcoholic psychosis
treatment for de-addiction of drugs, had committed suicide by hanging in
the hospital. In its revision petition, the hospital contended that it
was impossible to provide 24-hour service to look after the affairs and
needs of each patient. The National Commission held that the patient was
allowed to move away on his own from his ward into an empty ward without
being noticed by the nurses and ward boys. The patient hung himself with
lungi which was not noticed Click here for complete judgment

Life Insurance Corporation of India v Gowramm
The petitioner insurer repudiated the life insurance policy in the name
of the respondent's late husband (insured) on the ground of deliberate
misstatements and withholding of correct facts regarding the health of
the insured. The lower Fora rejected the various contentions of the
insurer and allowed the complaint. Before the National Commission, the
insurer relied upon the Commission's decision in L.I.C. of India and
Another v Parveen Dhingra [II (2003) CPJ 70 (NC)] and contended that
revival of the policy constituted a new contract between the parties and
the limitation period of two years Click here for complete judgment

Narinder Kumar Suneja v R.K. Goel
In revision, the petitioner who was a lawyer claimed that he was
entitled to retain the fee which he took from the respondent since the
respondent had executed the power of attorney/vakalatnama and handed
over some papers to the petitioner in connection with a proposed case to
be filed. He claimed having wasted valuable time when the respondent met
and sought expert advice. The National Commission referred to the order
of the State Commission which, in turn, referred to the District Forum's
order holding that the opposite party (petitioner) was not entitled to
retain the fee when he did not perform the duty for which the fee was
meant and that a complaint made by the complainant to the Bar Council
related only to misconduct on the part of its member (i.e., petitioner)
whereas the Consumer Fora were required to determine whether proper
service had been rendered or not. The Commission relied upon D.K. Gandhi
v M. Mathias [III (2007) CPJ 337 (NC)] in holding that deficiency Click
here for complete judgment
`Rajasthan Financial Corporation v M.K. Bhoot & Another
The complainant/respondent participated in an auction conducted by the
petitioner for moveable and immoveable properties. The complainant
deposited the requisite sum/earnest money at the time of making his bid,
which bid was then accepted. Due to non-payment of 25% of the bid
amount, the sum/earnest money was forfeited. The District Forum
dismissed the complaint for refund of the earnest money but the State
Commission allowed the appeal. Click here for complete judgment

K. A. Bhandula & Another v Indraprastha Apollo Hospital & Others
Complainant no. 1 (a patient of nasopharyngeal cancer) made various
allegations of medical negligence against the opposite party hospital
and consultant doctor. The National Commission partly allowed the
complaint holding first that the hospital was negligent in not duly
preserving the biopsy tissue sample (in formalin) after the opposite
party consultant doctor carried out the biopsy of the nasal tumour of
the complainant. It rejected the hospital's plea of mere 'human error.'
In this the Commission relied on the Supreme Court decision in Savita
Garg v. Director, National Heart Institute [IV (2004) CPJ 40 (SC)].
Click here for complete judgment

Important Supreme court Decisions on medical Negligence

Juggankhan v State of Madhya Pradesh
The appellant, a registered Homoeopathic medical practitioner under the
Madhya Pradesh Homoeopathic and Bio-chemic Practitioners Act, 1951,
issued a pamphlet advertising that he inter alia treated Naru (guinea
worm). Believing this, Smt. Deobi, aged about 20 year visited the
appellant's clinic. along with some member: of her family, for
treatment. The appellant administered 24 drop. of mother tincture
stramonium and a leaf of dhatura Click here for complete judgment

Dr. Laxman Balkrishna Joshi v Dr. Trimbak Bapu Godbole & Another
The son of respondent 1 met with an accident which resulted in the
fracture of the femur of his left leg.. After some nominal treatment by
a local physician, the injured son was taken to Pune and ultimately to
the appellant's hospital. The appellant prescribed two injections of
morphia and Hyoscine Hvdrobromide at an hour's interval but only one
injection was administered. After the x-ray, the boy was taken to the
operation theatre where his injured leg was put in plaster splints and
then he was moved to a room. Subsequently, the boy developed difficulty
in breathing and cough and his condition deteriorated. He expired the
same night, in spite of the emergency treatment administered by the
appellant. The appellant issued a certificate stating that the cause of
death was fat embolism. Respondent no.1 filed a case of tortuous damage
against the appellant surgeon inter alia Click here for complete
judgment

A.S. Mittal and another V State of UP and Others{ (1989) 3 SCC 223)
In a public interest litigation filed under Article 32 of the
Constitution, the Apex Court considered the mishap in an 'Eye Camp' at
Khurja, Uttar Pradesh organised by the Lion Club with permission of the
state Government in which one Dr. R.M. Sahay of Sahay Hospital, Jaipur
and hi team of doctor performed ophthalmological surgeries. About 108
patient were operated upon of which 88 underwent cataract surgery.
However, at least 84 persons suffered permanent damage to their operated
eyes. It was said that in a similar camp conducted by the same team of
doctors in Moradabad, there were 15 casualties. Click here for complete
judgment

Indian Medical Association v V.P. Shanta and Others
A three-Judge Bench of the Apex court considered the important question
whether and, if so, in what circumstances, a medical practitioner could
be regard d as rendering' service' under section 2( 1)( 0) of the
Consumer Protection Act,1986 and whether the services rendered at a
hospital/nursing home could also be regarded as 'service.' Relying upon
it decision in Lucknow Development Authority v, M.K. Gupta. (1994) 1 SCC
243 (where it was held that the definition of 'service' in the Act was
very wide), the Court rejected the argument that only 'occupation' and
not 'profession' was covered within the term 'service' and so services
rendered by medical practitioners were outside the purview of section
2(1)(o). It also rejected an alternate argument that 'service'
contemplated under the Act was of the "institutional type which was
really commercial enterprise open available to all who seek to avil
thereof" Click here for complete judgment

Achutrao Haribhau khodwa and others v State of Maharashtra and others
The appellant' suit was that after a simple sterilization operation
performed by the respondent doctor, the patient developed high fever and
acute pain and her condition deteriorated. On another surgeon reopening
of the wound of the first operation, he found that a mop (towel) had
been left inside which had led to formation of pus. Despite the econd
surgery, the patient died. The second surgeon was produced as the
Appellants' witness Click here for complete judgment

Poonam Verma v Ashwin Patel and others
Respondent 1 doctor had a Diploma in Homeopathic Medicine and surgery.
He administered allopathic drugs for viral fever and then typhoid fever
to the patient who was subsequently shifted to a nursing home where he
died, After the dismissal of the complaint, the complainant filed appeal
to the Supreme Court. The Court found that respondent 1 was registered
as a medical practitioner with the Gujarat Homeopathic Medical Council
but not under the Allopathic system. Click here for complete judgment

Spring Meadows Hospital and another v Harjol Ahluwalia through K.S. Ahluwalia and Another
In this complaint of the minor child through his parents before the
National Commission. it was contended that the child was admitted to the
appellant hospital as in-patient with diagnosis of typhoid. The nurse
asked the child's father to purchase the injection Inj. Lariago
recommended by the Senor Pediatrician to be administered intravenously.
When the nurse administered the injection, the child collapsed
immediately. The resident doctor found that the child had. suffered
cardiac arrest and he attempted to resuscitate the child by manual
pumping.Click here for complete judgment
(Consumer laws in India)

National Consumer Disputes Redressal Commission (NCDRC)
Is the Highest court of appeal in matters related to Consumer Disputes
in India, the presiding Judges in NCDRC are Retired Judges of The
Supreme Court.

* For more info on National Commission Contact me at Ph no:
09650499965